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TERMS & CONDITIONS

Terms & Conditions

PLEASE READ THESE TERMS OF SERVICE (“Terms of Service”) CAREFULLY BEFORE USING THE INSPIRIT MUSIC WEBSITE OR ANY OTHER PART OF THE PLATFORM (AS DEFINED BELOW) INCLUDING THE INSPIRIT MUSIC REMIX – COMPETITION, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

I. Section: The Platform

1. PREAMBLE

INSPIRIT MUSIC PRODUCTION® GmbH, Hainstädter Str. 59 b, 63512 Hainburg, Germany (“IMP”, “we”, “our” or “us”), provides access to the IMP website (https://inspirit-music.com) and related URLs (the “Website”), and all services, software and data accessed via the Website (the “Services”). The Website and the Services are referred to together in these Terms of Service as the “Platform”.

THE PLATFORM IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 16. IF YOU ARE UNDER THE AGE OF 16, YOU MAY NOT USE THE PLATFORM OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.

If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms of Service with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Service.
These Terms of Service govern your use of the Platform. They apply solely to the Platform, and you agree to be bound by these Terms of Service.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE THE PLATFORM.

IMP is a webservice for creative music production and offers their customers to

  1. a)  provide audio recordings for other customers producing new versions based on the originalmaterial (so called remixes) or
  2. b)  for customers to create and publish their remixes using audio recordings of original musicserviced by IMP in so-called “Competitions”. The winning remixes judged out of these Competitions then can be exploited commercially through either IMP or the respective licensor’s exploitation channels.

2. CHANGES TO THE TERMS OF SERVICE

We reserve the right to add, delete or amend parts of these Terms of Service at our sole discretion and at any time without prior notice to you. We will post any changes to the Terms of Service on this page and will update the Effective Date listed above. If you continue to access or use the Platform after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.

3. DESCRIPTION OF WEBSITE AND SERVICES

Unless otherwise stated, any features or tools which are added to the Website and/or the Services are subject to these Terms of Service. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or the entire Platform without notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer or other access device.

4. REGISTRATION

To access certain Services, you may need to register for an account, and you may be asked to provide a username and a password or name and email adress. You agree to provide accurate, current and complete information required to register with the Services and/or at any other time as may be required in the course of using the Services. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. You should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user ID or password), you will immediately notify IMP. You may be liable for the losses incurred by IMP or others due to any unauthorized use of your account. You may cancel your account or subscription in any email we send to you or at any time by emailing hallo@inspirit-music.com. We reserve the right to cancel your account at any time for any reason without prior notice to you. By using the Platform and providing us with your personal information upon registration or otherwise, you also accept the terms set forth in our Privacy Policy.

5. INTELLECTUAL PROPERTY

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of us, our subsidiaries, affiliates and/or licensors.

Unless expressly granted in writing by us, no rights in or to the Content except those expressly set forth within these Terms of Service are granted to you.
You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms of Service is expressly prohibited without prior written permission from us.

6. YOUR USE OF THE PLATFORM

Subject to your strict compliance with these Terms of Service, IMP grants you a limited, personal, non-exclusive, at any time revocable, non-assignable and non-transferable right and license to use the Platform.

As a condition of your use of the Platform, you will not:

  • use the Platform for any purpose that is unlawful or prohibited by these Terms of Service. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy;
  • use the Platform other than to assist IMP with its development of the Platform and other products and services. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Platform, use of the Platform, access to the Platform, or Content obtained or available through the Platform, for any purpose other than to assist IMP with its development of the Platform and other products and services;
  • interfere or attempt to interfere with or damage, impair or disable the operation of the Platform, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform;
  • attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Platform;
  • use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;
  • utilize framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing IMP’s name or trademarks without our express written consent;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
  • make any unsolicited offers, request, advertisements, or spam.You represent, warrant and agree that you will comply with the above acceptable use requirements. IMP reserves the right, in its sole discretion, to take such action as IMP sees fit in relation to any user who partakes in any of IMP’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, IMP reserves the right to take court action and/or report users to the relevant authorities.

7. THIRD PARTY SITES AND SERVICES

The Platform may contain links to other sites and services operated by third party service providers. Your use of third party services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or services.

8. LINKING

You can access other sites via links from the Website. These sites are not under our control and we are not responsible in any way for any of their contents. We make no representations and warranties as to any linked sites and have no liability or responsibility with respect to your use of such sites.

9. DISCLAIMER/LIMITATION OF LIABILITY

Please check our website https://inspirit-music.com/datenschutz

10. INDEMNITY

You agree to indemnify, hold harmless, and keep IMP, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys‘ fees arising out of or in connection with these Terms of Service, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms of Service or any law, rule or regulation; or (c) your use of the Content. You will cooperate as fully and reasonably as required by IMP in the defense of any claim. Notwithstanding the foregoing, IMP retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against IMP herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without IMP’s prior written approval.

11. GOVERNING LAW & JURISDICTION

These Terms of Service, the Privacy Policy and their respective interpretations shall be governed by and construed in accordance with the laws of Germany. The exclusive place of jurisdiction – if permitted by law – is Hainburg.
IMP and you irrevocably agree, for the sole benefit of IMP that, subject as provided below, the courts of Germany shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms and Conditions and Privacy Policy or their subject matter or formation (including non-contractual disputes or claims). Nothing in this section shall limit the right of IMP to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

12. GENERAL TERMS

Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms of Service. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data.

If any provision of these Terms of Service shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Service. No waiver on the part of IMP of any of these Terms of Service will be of any force or effect unless made in writing and signed by a duly authorized officer of IMP. Nothing in these Terms of Service are intended to confer on any third party (whether referred to in the Terms of Service by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Service.

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and IMP with respect to your use of the Platform and supersede any prior agreement between you and IMP.

13. TERMINATION

You understand and agree that IMP will determine your compliance with these Terms of Service in its sole discretion. IMP reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. IMP maintains a policy that provides for the termination of the Website use privileges of users who are in breach of any of these Terms of Service. Any violation of these Terms of Service may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by IMP, you must destroy all materials obtained from the Platform and all related documentation.

14. PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Service you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

 

II. Section: IMP – Competitions:

This II. section of the Terms of Service contains the terms for the user’s participation in IMP’s“Remix Competition”. In the event of additional Competitions, such terms are to be found in connection with the respective additional Competition.
The general terms set out under the I. Section shall fully apply on this II. Section, if not set out differently. Further details about the respective competitions can, if applicable, be found on the respective website of the relevant competition.
No purchase is necessary to enter any Competition.
User is a creative talent who wants to use the services of IMP according to the terms of this Agreement.

1. Subject of Agreement for IMP – Competition(s):

  1. IMP offers their Users the possibility to participate in different Competitions to create new recordings (New Remixes and New Productions):

“REMIX COMPETITION”: by creating audio remixes of original audio recordings as provided by IMP on its Website and to participate in Competitions (see below under § 2). The original audio recordings for creating the remixes are regularly made available by IMP’s partners and / or Users (as set out below).

2. Remix Competition Participation

  1. User shall be – after creating a user account or subscribing – entitled to use the original audio recordings (such as e.g. stems and additional material such as artwork, artist bio) as presented on IMP’s website for the production of new remixes based on such material (hereinafter also New Remix) to then upload them to the respective Competition Section of the website.
  2. By uploading the New Remix the User grants and transfers to IMP the exclusive and transferable right to use such New Remix for the Exploitation Period and unrestricted in all other respects on a worldwide basis fully and free from any third party rights.This particularly includes for the whole New Remix or parts thereof including the original audio recordings and any underlying musical composition (if any) and is not limited to the rights to: duplicate (e.g. as audio carrier, download), distribute, broadcast (e.g. radio, tv), publicly perform, store in databases, make available online (e.g. through the Internet, Mobile Networks, etc.) including streaming / download; edit; to lend and rent. The transfer of rights as set out before shall also include all future forms of exploitation. User agrees to also grant IMP the right to use Users name and likeness for the presentation and exploitation of the New Production. IMP accepts the transfer of rights.
  1. User guarantees that he has the rights, power and authority to enter into this Agreement and to fully perform the terms hereof, and that he is not hindered by any other agreement to fulfill this Agreement (no exclusive recording agreement, publishing agreement or agreement with any collection society) and that any New Remix is free from any third party right. Furthermore, User guarantees that he waives any so called moral rights or other rights with respect to the underlying musical composition in the New Remix and guarantees to not take any action hereto against IMP or any of its customers and partners (such as e.g. Labels). Herewith User agrees to indemnify, defend and hold harmless IMP from any and all claims, suits, liabilities, losses, damages and expenses (including reasonable legal fees and expenses) which arise out of or resulting from any breach of the terms of this Agreement by User.
  2. At IMP’s sole discretion the New Remix will be hosted on the website of IMP, whereas IMP is free to withdraw such New Remix from its service at any time.
  3. There is at least one selected winner for each Remix Competition, who will be selected by votes, a judge or judges. Judge(s) shall be provided by the respective Supplier of the original audio recordings for the Remix Competition. It is agreed that judging criteria may vary for individual Competitions. Factors judges may consider include but are not limited to: feedback, tune selection, originality, demonstration of technical abilities, votes (taken into account, but not determinative).
  4. There is at least one selected winner for each Competition, whereas such winning New Remix may be exploited by IMP or the providing Label. Any exploitation of the New Remix shall be compensated as set out according to § 5.

5. Remuneration

  1. For the transfer of the rights the User as a creator of a New Remix shall receive a royalty for the exploitation of the New Remix through IMP or any of IMP’s licensors. The User shall receive a remuneration of 10 (fifteen) % of IMP’s net receipts from the respective exploitation.
  2. The statement of payment for User is due 31.3., 30.06., 30.9. and 31.12. of each calendar year within 60 (sixty) days after the billing date in EUR. The remuneration will be paid to User to his bank account communicated with the effect of fulfillment. If the remuneration does not exceed within an accounting period an amount of EUR 50 for a Supplier for original recordings for a “Remix Competition“, these amounts are credited and paid with the next accounting period, as soon as the respective threshold is exceeded.

 

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